Bill No.
33-12
Concerning: Health and Sanitation ­
Smoking - County Property
Draft No.
L
Revised:
2/12/2013
Introduced:
November 27.2012
Enacted:
February 12. 2013
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --=-=.N=on=e'--_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Floreen, Navarro, Rice, Riemer, Leventhal, EIrich, and Andrews
AN
ACT to:
(1)
(2)
prohibit smoking on property owned or leased by the County; and
generally amend County law on smoking.
By amending
Montgomery County Code
Chapter 24, Health and Sanitation
Section 24-9
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets))
*
*
*
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment.
Deletedfrom existing law or the
bill by
amendment.
Existing
law
unqffected
by
bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 33-12
1
2
3
Sec. 1. Section 24-9 is amended as follows
24-9. Smoking in public places.
(a)
Definitions.
In
this Section, the following words and phrases have the
meanings indicated:
4
5
*
*
*
6
7
Bus stop
means
a
location that has been designated by a pole and
appropriate signage as a place where passengers board or aJight a bus.
Bus stop area
means a rectangular area surrounding a bus stop pole
which extends 25 feet along the curb on each side of the pole and 15
feet from the curb.
[[(1)]]
8
9
10
11
12
Eating and drinking
establishment[[:
An]]
means
an
establishment regulated under Chapter 15.
[[(2)]] Enclosed[[:
Separated]] means seoarated by walls that extend
from floor to ceiling and under a roof.
[[(3)]] Health care facility[[: Any]] means any office or institution
where individual care or treatment of physical, mental, or
emotional illness, or any other medical, physiological, or
psychological condition is provided. Health care facility includes
any hospital, clinic, nursing home for the aging or chronically
ill,
13
14
15
16
17
18
19
-2­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 33-12
20
21
laboratory, or office of any physician, dentist, psychologist,
psychiatrist, physiologist, podiatrist, optometrist or optician.
[[(4)]] Person[[: Any]] means any individual, finn, partnership,
association, corporation, company, or organization of any kind.
[[(5)]] Public place[[: An.]] means an enclosed area in which members
ofthe public are nonnally invited or pennitted.
[[(6)]] Public meeting[[: Any]] means any meeting wherever held, open
to the public with no membership requirement.
[[(7)]]
Rail transit station[[: An]] means an area that:
22
23
24
25
26
27
28
29
30
31
32
33
34
35
[[(A)]]
ill
Includes the fare-paid and roofed areas;
[[(B)]]
m
is a regular stopping place for the pickup and
discharge of passengers in regular route service, contract
service, or special or community type service; and
[[(e)]]
ill
Is owned, operated,
or controlled by the Washington
Metropolitan Area Transit Authority.
[[(8)]] Retail store[[: Any]] means any establishment whose primary
purpose is to sell merchandise or food for consumption off the
premises, directly to consumers.
[[(9)]] Smoking[[: The]] means the act of lighting, smoking, or carrying
a lighted or smoldering cigar, cigarette, or pipe, of any kind.
36
37
38
39
-3­
 PDF to HTML - Convert PDF files to HTML files
BILL
No, 33-12
40
41
[[(10)]] Tobacco shop[[: Any]] means any store that primarily sells
tobacco, tobacco products and pipes or other implements used to
smoke tobacco. "Tobacco shop" does not include an area of a
larger store in which tobacco is sold.
[[(11))) Workplace[[: An)) means an enclosed area or any part of an
enclosed area used in the performance of employment or related
activities. Workplace includes a motor vehicle owned or leased
by the employer, conference room, auditorium, library, office
machine station, lunchroom, vending area, locker room, lounge,
hallway, or stairwell.
(b)
Smoking prohibited in certain public places.
A person must not smoke
42
43
44
45
46
47
48
49
50
51
52
m or on any:
*
(9)
*
*
53
54
55
Restroom, except a restroom in a private residence; [or]
(10) Enclosed auditorium, concert or lecture hall[.]; or
ill) property that is owned or leased
Qy
the County, [[except]]
including a bus shelter or bus stop area. but excluding any other
part of
~
County right-of-way.
(c)
Exceptions.
Smoking is not prohibited by this Section:
56
57
58
59
*
'"
'"
-4­
 PDF to HTML - Convert PDF files to HTML files
BILL No.
33-12
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
@
(5)
(6)
In up to 40% of the sleeping rooms in a hotel or motel; [[and})
In
up to 40% of the premises of a fraternal, religious, patriotic, or
charitable organization or corporation or fire company or rescue
squad during an event that the organization or corporation holds
on its own property and which is open to the
public[[.]]~
(7)
In the bar and dining area of an eating and drinking establishment
that:
(A)
(B)
is a club as defined in the state alcoholic beverages law:
has an alcoholic beverages license issued to private clubs
under the state alcoholic beverages law; and
(C)
allows consumption of alcoholic beverages on its
premises[[.
]]~
00
In any occupied residential unit owned or leased by the County
for as long as the occupant on [effective date] retains possession
of the unit:
!2l
(1
Q)
On a golf course: and
In an area designated by the Director of the Department ofHealth
and Human Services under subsection Cd).
Notwithstanding paragraph (b)Clll. the Director of the Department of
Health and tIuman services may designate an outside area on property
-5­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 33-12
80
81
that is owned or leased by the County where smoking is allowed if the
Director fmds that a complete prohibition on that property would
impede a program's mission or effective delivery of services.
[[(d)]]
82
83
Uil
(1)
Posting signs.
[[Signs]] Except as provided in paragraph (e)(4),
SIgnS
84
85
prohibiting or permitting smoking, as the case may be, must be
posted conspicuously at each entrance to a public place covered
by this Section.
86
87
88
89
*
*
*
ill
The Director of Health and Human Services may waive the
requirement of paragraph (e)C1) on County propertyt or require a
sign to be posted in another location, if the Director finds t after
consulting with the Director of General Services, that posting a
sign at an entrance isnot feasible.
90
91
92
93
94
[[(e)]]
ill
[[(f)]]
*
*
*
*
*
*
*
*
*
*
*
*
*
95
W
96
97
98
99
[[(g)]]
!hl
[[(h)]]
ill
[[(i)]]
ill
*
*
*
*
[G)]
£k)
*
-6­
 PDF to HTML - Convert PDF files to HTML files
BILL No. 33-12
100
101
Approved:
102
Approved:
Nant~ounty
Council
Date
103
Isiah Leggett, County Executive
Date
104
105
This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
-7­
 PDF to HTML - Convert PDF files to HTML files
Bill No.
33-12
Concerning: Health and Sanitation ­
Smoking - County Property
Draft No.
L
Revised:
2/12/2013
Introduced:
November 27.2012
Enacted:
February 12. 2013
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --=-=.N=on=e'--_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Floreen, Navarro, Rice, Riemer, Leventhal, EIrich, and Andrews
AN
ACT to:
(1)
(2)
prohibit smoking on property owned or leased by the County; and
generally amend County law on smoking.
By amending
Montgomery County Code
Chapter 24, Health and Sanitation
Section 24-9
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets))
*
*
*
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment.
Deletedfrom existing law or the
bill by
amendment.
Existing
law
unqffected
by
bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 33-12
1
2
3
Sec. 1. Section 24-9 is amended as follows
24-9. Smoking in public places.
(a)
Definitions.
In
this Section, the following words and phrases have the
meanings indicated:
4
5
*
*
*
6
7
Bus stop
means
a
location that has been designated by a pole and
appropriate signage as a place where passengers board or aJight a bus.
Bus stop area
means a rectangular area surrounding a bus stop pole
which extends 25 feet along the curb on each side of the pole and 15
feet from the curb.
[[(1)]]
8
9
10
11
12
Eating and drinking
establishment[[:
An]]
means
an
establishment regulated under Chapter 15.
[[(2)]] Enclosed[[:
Separated]] means seoarated by walls that extend
from floor to ceiling and under a roof.
[[(3)]] Health care facility[[: Any]] means any office or institution
where individual care or treatment of physical, mental, or
emotional illness, or any other medical, physiological, or
psychological condition is provided. Health care facility includes
any hospital, clinic, nursing home for the aging or chronically
ill,
13
14
15
16
17
18
19
-2­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 33-12
20
21
laboratory, or office of any physician, dentist, psychologist,
psychiatrist, physiologist, podiatrist, optometrist or optician.
[[(4)]] Person[[: Any]] means any individual, finn, partnership,
association, corporation, company, or organization of any kind.
[[(5)]] Public place[[: An.]] means an enclosed area in which members
ofthe public are nonnally invited or pennitted.
[[(6)]] Public meeting[[: Any]] means any meeting wherever held, open
to the public with no membership requirement.
[[(7)]]
Rail transit station[[: An]] means an area that:
22
23
24
25
26
27
28
29
30
31
32
33
34
35
[[(A)]]
ill
Includes the fare-paid and roofed areas;
[[(B)]]
m
is a regular stopping place for the pickup and
discharge of passengers in regular route service, contract
service, or special or community type service; and
[[(e)]]
ill
Is owned, operated,
or controlled by the Washington
Metropolitan Area Transit Authority.
[[(8)]] Retail store[[: Any]] means any establishment whose primary
purpose is to sell merchandise or food for consumption off the
premises, directly to consumers.
[[(9)]] Smoking[[: The]] means the act of lighting, smoking, or carrying
a lighted or smoldering cigar, cigarette, or pipe, of any kind.
36
37
38
39
-3­
 PDF to HTML - Convert PDF files to HTML files
BILL
No, 33-12
40
41
[[(10)]] Tobacco shop[[: Any]] means any store that primarily sells
tobacco, tobacco products and pipes or other implements used to
smoke tobacco. "Tobacco shop" does not include an area of a
larger store in which tobacco is sold.
[[(11))) Workplace[[: An)) means an enclosed area or any part of an
enclosed area used in the performance of employment or related
activities. Workplace includes a motor vehicle owned or leased
by the employer, conference room, auditorium, library, office
machine station, lunchroom, vending area, locker room, lounge,
hallway, or stairwell.
(b)
Smoking prohibited in certain public places.
A person must not smoke
42
43
44
45
46
47
48
49
50
51
52
m or on any:
*
(9)
*
*
53
54
55
Restroom, except a restroom in a private residence; [or]
(10) Enclosed auditorium, concert or lecture hall[.]; or
ill) property that is owned or leased
Qy
the County, [[except]]
including a bus shelter or bus stop area. but excluding any other
part of
~
County right-of-way.
(c)
Exceptions.
Smoking is not prohibited by this Section:
56
57
58
59
*
'"
'"
-4­
 PDF to HTML - Convert PDF files to HTML files
BILL No.
33-12
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
@
(5)
(6)
In up to 40% of the sleeping rooms in a hotel or motel; [[and})
In
up to 40% of the premises of a fraternal, religious, patriotic, or
charitable organization or corporation or fire company or rescue
squad during an event that the organization or corporation holds
on its own property and which is open to the
public[[.]]~
(7)
In the bar and dining area of an eating and drinking establishment
that:
(A)
(B)
is a club as defined in the state alcoholic beverages law:
has an alcoholic beverages license issued to private clubs
under the state alcoholic beverages law; and
(C)
allows consumption of alcoholic beverages on its
premises[[.
]]~
00
In any occupied residential unit owned or leased by the County
for as long as the occupant on [effective date] retains possession
of the unit:
!2l
(1
Q)
On a golf course: and
In an area designated by the Director of the Department ofHealth
and Human Services under subsection Cd).
Notwithstanding paragraph (b)Clll. the Director of the Department of
Health and tIuman services may designate an outside area on property
-5­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 33-12
80
81
that is owned or leased by the County where smoking is allowed if the
Director fmds that a complete prohibition on that property would
impede a program's mission or effective delivery of services.
[[(d)]]
82
83
Uil
(1)
Posting signs.
[[Signs]] Except as provided in paragraph (e)(4),
SIgnS
84
85
prohibiting or permitting smoking, as the case may be, must be
posted conspicuously at each entrance to a public place covered
by this Section.
86
87
88
89
*
*
*
ill
The Director of Health and Human Services may waive the
requirement of paragraph (e)C1) on County propertyt or require a
sign to be posted in another location, if the Director finds t after
consulting with the Director of General Services, that posting a
sign at an entrance isnot feasible.
90
91
92
93
94
[[(e)]]
ill
[[(f)]]
*
*
*
*
*
*
*
*
*
*
*
*
*
95
W
96
97
98
99
[[(g)]]
!hl
[[(h)]]
ill
[[(i)]]
ill
*
*
*
*
[G)]
£k)
*
-6­
 PDF to HTML - Convert PDF files to HTML files
BILL No. 33-12
100
101
Approved:
102
Approved:
Nant~ounty
Council
Date
103
Isiah Leggett, County Executive
Date
104
105
This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
-7­